Class Certification Granted in Lawsuit Targeting Abusive Pre-Trial Fees

A federal lawsuit challenging Ravalli County’s “Jail Diversion Program” is advancing forward after a judge denied the county’s motion to dismiss and granted class certification to the plaintiffs. In Ravalli County, pre-trial arrestees — who have not been found guilty of any crime — are required to pay pre-trial fees adding up to hundreds of dollars per month, no matter their income level. Jail time and threats of jail time are used to force pre-trial arrestees to pay, creating modern-day debtors’ prisons for those unable to pay these abusive fees. Even if the arrestee is ultimately found innocent, they do not get their money back.

The court ruling states that "Plaintiffs have adequately alleged discriminatory intent” against indigent pre-trial arrestees by Ravalli County, “as required to state a disparate impact equal protection claim.” With class certification, Plaintiffs Teri Evenson-Childs, Daniel O’Toole, Richard Churchill, and Keith Leonard are one step closer to ending Ravalli County’s pay-or-jail scheme not just for themselves, but for all people. All Plaintiffs were charged thousands in pre-trial fees without a conviction, even after the court found they could not afford a lawyer. All were threatened with jail time for not being able to afford these fees, and Plaintiffs Evenson-Childs, O’Toole, and Churchill were jailed for being unable to pay fees.

The suit was filed in 2021 by nonprofit law organization Equal Justice Under Law and Upper Seven Law, a Montana-based nonprofit law firm. Phil Telfeyan, Executive Director of Equal Justice Under Law, says, “Lack of money should never be the reason that someone is jailed or threatened with jail in Ravalli County. With this class certification victory, we are moving closer to making that the reality for the hundreds of people subject to the Jail Diversion Program.”